D. Del. Special Master: Protective-Order Compromise Settles Threat of Later Disclosure During Reexam and Other Proceedings

Negotiating protective orders can be a mundane affair. But the D. Del. litigator may want to take notice of an attorneys-eyes-only provision recently fashioned by a special master appointed by distict judge Sue L. Robinson. In his report and recommendation, the special master adopted the following passage to address the parties’ concerns over handling the use of confidential information during the course of both reexamination and separate prosecutions:

“No attorney or other individual who has access to the other parties’ [confidential information] . . . shall be involved thereafter in the prosecution or drafting of patent applications, claim language for patent applications, or arguments made in support of patent applications, excluding a patent in reexamination [involving an] . . . opposing party in this case, before the [PTO or foreign agencies], and proceedings related to [the patent-in-suit] . . . . [A]ny individual’s participation in reexamination proceedings(s) also is expressly conditioned on his/her/its legal obligation, established by Order of the Court, not to use in any way an opposing party’s [confidential information] to draft new claims, or to amend previously existing claims, through the reexamination process. The above conditions and exclusions continue for a period of one year following the final resolution [of the case].”

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The Delaware Chapter of the Federal Bar Association announced today that the first District of Delaware Bench and Bar Conference will be held on May 7-8, 2015 at the Hotel DuPont in Wilmington, Delaware. The event will feature judges from the District of Delaware, Third Circuit, and Federal Circuit; as well as other distinguished speakers. More details regarding the […]

There is still time to register for Managing IP’s third annual US Patent Forum on March 25 at the Willard InterContinental, Washington D.C. ** Free for in-house patent counsel, academics and R&D professionals ** Supported by AIPLA and Delaware IP Law Blog, the forum will provide you with: • a guide to improving your company’s […]

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Dear Colleague, Managing IP, in association with Delaware IP Law Blog, invites you to attend the second annual US Patent Forum March 19, 2013 at the Willard InterContinental in Washington D.C. www.managingip.com/USPatentForum2013 Free for in-house patent counsel, academics and R&D professionals. One year on from the AIA, we will assess the patent landscape in the […]

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